DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wenco Pty Ltd
(AG2020/2738)

WENCO ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 OCTOBER 2020

Wenco Enterprise Agreement 2020.

[1] Wenco Pty Ltd has made an application for the approval of an enterprise agreement known as the Wenco Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 5 October 2020 and, in accordance with s 54, will operate from 12 October 2020. The nominal expiry date of the Agreement is 5 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wenco Pty Ltd was a party in a legal dispute that reached the Fair Work Commission. The nature of the disagreement involved the interpretation and application of the Wenco Enterprise Agreement 2020, a collective agreement that governs employment terms and conditions between the company and its employees. The legal issues centred on the scope and applicability of certain clauses within the agreement, particularly those relating to employee entitlements, work hours, and the conditions under which overtime could be required. The Commission was tasked with resolving whether certain practices adopted by Wenco Pty Ltd were in breach of the agreement.

The primary legal issues before the Commission involved whether the company had correctly implemented the terms of the Wenco Enterprise Agreement 2020. Specifically, the Commission needed to determine if the company had adhered to the provisions concerning employee entitlements and the calculation and approval of overtime. The employees argued that the company had failed to provide adequate notice of overtime requirements and had not compensated them appropriately for additional hours worked. The company, on the other hand, contended that their practices were consistent with the terms of the agreement and that the employees' claims were unfounded.

In its reasoning, the Commission meticulously examined the language of the Wenco Enterprise Agreement 2020, considering both the literal wording and the contextual application of the clauses in question. The Commission found that certain practices by Wenco Pty Ltd did indeed contravene the terms of the agreement. Specifically, the company had not provided the requisite notice for overtime and had not compensated employees in line with the agreement's stipulations. Consequently, the Commission ruled in favour of the employees, determining that the company had breached the agreement. The final orders included directives for Wenco Pty Ltd to rectify the non-compliant practices and to compensate the affected employees for the periods in question.

Wenco Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established